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The Woodlands Business & Commercial Law Blog

Businesses often need to make changes to keep up with competitors

Having a tried and true business model is something that takes time to create and perfect. After all, forming a business plan that works best for a company's bottom line is not always easy and often requires changes in order to keep up with competitors. When the owners of businesses do decide to make changes to daily operations, a lot of things will be affected. Texas business owners who are considering making changes to their business models will only help themselves by ensuring any changes made are legally protected.

Changing to meet the demands of consumers is often needed in order to keep a positive cash flow. Making any changes to a business plan can affect company contracts, employees and the general way business is conducted -- along with many other things. In most industries, and particularly in the online retail industry, an increase in demand is often behind the need for changes to companies' business operations. As online shopping is seeing massive growth, retailers are often falling short on delivery times and finding themselves unable to stock adequate inventory.

Options abound for selling businesses and leadership transitions

Unless a business owner plans to close up shop when he or she is ready to retire, transitions in leadership are inevitable. This is not something that is easy to tackle, and deciding the best course of action can present significant challenges. Businesses experiencing a leadership transition may be doing so for a number of reasons, one of which involves an owner's desire to sell the company. Texas business owners who are in this position do have options to help ensure a smooth transition upon their exit.

Many business owners would like to see the company they have worked so hard to build continue on even after they are ready to move on. These individuals have several alternatives when it comes to selling their company and keeping the business going all at the same time. One popular option is utilizing an employee stock ownership plan. This essentially transfers company stock to management and other employees, but allows the original owner to remain active in the company if they so desire. Another option is simply selling to a trusted person, such as a friend, family member or loyal employee, who shares a common vision for the future of the business.

The terms of real estate lease agreements are negotiable

Plenty of business owners in Texas choose to lease space rather than purchasing their own properties. For some businesses, leasing space simply makes more sense than forking over the cash to buy or build. Commercial real estate is constantly expanding, and those looking to lease space have more options than ever before. With so many options, business owners are often at an advantage when it comes to negotiating the terms of their lease agreements.

The owners of commercial real estate create leases that keep their best interests in mind. These leases may not, however, serve the best interests of potential tenants. Before signing a lease, a business owner will only help him or herself by requesting certain terms be added to or changed in the lease agreement that will protect and benefit his or her company.

Recycling company files breach of contract lawsuit

When two entities enter into a business relationship, the terms and conditions of that connection are laid out within a contract. Contracts are the format in which both sides lay out their expectations for the relationship and the various means for resolving disputes. These legally binding documents are important, as they are the primary means of clarifying the role of each party. When a business contract is not honored, in Texas or elsewhere, a breach of contract lawsuit can be the result.

Such is the case for a recycling company that is currently suing the county that contracted for the removal of scrap metal from two landfills. The matter began with a 10-year contract put into place in 2003. The details of that agreement stated that the recycling company was tasked with the removal of scrap metal from the designated landfills. This came after the Environmental Protection Agency ordered the county to clean up the landfills.

Construction law can help resolve defect claims

Construction services, whether utilized for residential or commercial purposes, are widely used in Texas. Both areas are currently seeing massive growth, and the demand for quality construction teams is high. Unfortunately, the process of building can be stressful, and disputes between builder and client may arise. For some, defects may be found after a project is complete. For this and other problems, construction law may be able to help resolve any resulting legal claims.

Construction defects may occur for a myriad of reasons. Problems with work quality or the quality of supplies used in a project can have a significant impact on the end-result. If defects are found, legal claims to resolve or compensate for any damage can be filed against the party deemed responsible for the issue. The responsible party can be the builder, any subcontractors, architects, engineers or any other professionals involved in the building project.

Business formation: A bold choice for college grads

Quite a few Texans are working their way through school with the hopes of finding a job in their field of study when all is said and done. While many will find, at least, an entry level position to get them started, few will find their dream job right out of school. Many more may not find a job at all. This can be disturbing and make the whole endeavor seem like it was all for naught, but, for those ready to put in a lot of hard work, business formation may be the answer to their job woes.

The decision to start a business from the ground up is a bold choice for anyone, whether they are fresh out of college or have years of business experience. The story of one college graduate, though, is inspiring to others who may wish to pursue a similar course of action. This Harvard grad went from being unable to find work to owning and operating a successful business that is now valued at approximately $600 million.

What forms of relief are available in breach of contract cases?

Contracts are a big part of owning and operating a business. They are used for just about everything, big and small. While these legal documents do a great job at keeping those on both sides of the contract responsible for doing their share, things happen, and a breach of contract may occur. Those in Texas who have been burned by someone not holding to their end of the deal can pursue legal action in order to acquire relief for the losses incurred as a result.

The amount of damages caused by a breach of contract will determine what type of legal filing is appropriate. Some cases may be filed in small claims court, while those with significant losses may be taken to civil court. There are three basic remedies associated with a breach of contract, which are:

  • Damages
  • Specific performance
  • Cancellation and restitution

Businesses looking to expand may encounter a number of issues

Business owners who are looking to expand their economic footprint may encounter a number of legal issues on the way. While expansion is certainly an exciting thing, it is important for business owners to not overlook protecting their investment. As the growth of businesses is big in Texas right now, assistance is available to owners at every stage of the expansion process.

Businesses of all kinds are growing and expanding across the state. As the economy continues to improve, retail shops and restaurants, in particular, are seeing an increase in customers. The owner of one specific restaurant, which is currently based out-of-state, is looking into opening not just one but two locations in North Texas in the next few years. In the desire to expand, several factors will need to be considered, including any differences in state business laws.

Insuring a business is a must, but insurance disputes may arise

Texas business owners have a lot of reasons for wanting to protect their companies and employees. Opening and running a successful business is a big investment, and a number of issues can affect both the future of the business and an owner's personal economic status. Along with taking necessary legal steps to protect a company, having proper insurance is also a must. Unfortunately, even if insurance is obtained, insurance disputes may arise.

In many cases, having certain types of insurance may be required by law -- such as workers' compensation insurance. This kind of insurance can protect employees and business owners if injury or illness happens on-the-job; however, not all business types are required to supply this kind of coverage. Other types of insurance may be required as part of a business contract. Business owners who rent a business facility may not be responsible to obtain coverage for the building, but protecting the property contained within the space is advisable.

Construction boom may result in increased construction disputes

Industrial construction is on the rise in Texas. While this boom in building may be good for the local economy, construction disputes are likely to come up. Certain legal protections can help avoid some of these disputes from the onset; however, other legal remedies may be necessary to help resolve the ones that can't be predicted, avoided or easily rectified.

According to a recent news report, the industrial construction market in the northern part of the state has seen its best year in over a decade. In the year 2014, approximately 15.3 million square feet of industrial space was built. This is a massive increase from the previous year, which only saw a total of 8.8 million square feet of warehouse space developed.